Kan. Admin. Regs. § 28-29-2 - Variances
(a) General
Procedure. If exceptional circumstances make strict conformity with these
regulations impractical or not feasible, a person may submit a written request
for a variance from these regulations. The department may grant a variance from
these regulations and stipulate conditions and time limitations as necessary to
comply with the intent of all applicable state and federal laws. The department
shall review the variance request and notify the person within ninety (90) days
of receipt that the application is approved, denied, or requires modification.
(b) Experimental operations.
Variances may be granted to facilitate experimental operations intended to
develop new methods or technology. Variances for experimental operations shall
be considered only where significant health, safety, environmental hazards, or
nuisances will not be created, and when a detailed proposal is submitted and
accepted which sets forth the objectives, procedures, controls, monitoring,
reporting, time frame, and other data regarding the experiment.
(c) Restrictions. Variances for experimental
operations shall be limited to a maximum of two (2) years; however, the
department may renew the variance for one or more additional two-year periods
upon a showing by the person that the need for a variance continues to be
valid.
Notes
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